In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-0718V

UNPUBLISHED

SHERRI CHEEK,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: September 14, 2020

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.

Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

On May 16, 2019, Sherri Cheek filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

2

(the 

“Vaccine Act”). Petitioner alleges that she suffered left shoulder injuries related to vaccine 

administration (“SIRVA”) as a result of an influenza vaccination received on November 2, 

2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office 

of Special Masters.

On September 14, 2020, Respondent filed his Rule 4(c) report in which he

concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) 

Report at 1. Specifically, Respondent agrees that “petitioner’s medical course is 

consistent with a shoulder injury related to vaccine administration (“SIRVA”) as defined 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required 

to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act 

of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government 

Services). This means the ruling will be available to anyone with access to the internet. In accordance 

with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, 

the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that 

the identified material fits within this definition, I will redact such material from public access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease 

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
2

by the Vaccine Injury Table. Specifically, petition had no history of pain, inflammation, or 

dysfunction of her left shoulder, pain occurred within 48 hours after receipt of an 

intramuscular vaccination, pain was limited to the shoulder where the vaccine was 

administered, and no other condition or abnormality, such as brachial neuritis, has been 

identified to explain petitioner’s shoulder pain.” Id. at 4. Respondent further agrees that 

“based on the medical records outlined above, petitioner suffered the residual effects of 

her condition for more than six months. Therefore, based on the record as it now stands,

petitioner has satisfied all legal prerequisites for compensation under the Act.” Id.

In view of Respondent’s position and the evidence of record, I find that 

Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master